Legal Question in Military Law in Florida

Hello,

I enlisted into the Air Force a few months ago, with a genetic condition known as Nail Patella Syndrome. Though I have had it all of my life, I did not know that I had it the first time I went to MEPS. When I discovered what it was, I told my recruiter, and he told me to keep it secret, and that it wouldn't be a problem. The second time I kept my mouth shut, and made it to basic...I was sent to the medical clinic after about a week and a half of training because of knee pain, and was told that I was going to be sent home. I was told that the condition itself was not disqualifying, but the fact that I was feeling knee pain was. I was given a chance to fight my case, and tell them that the knee pain was not a problem, but my wife told me over the phone that she was leaving me, so I decided to not fight it, and just go home.

I had the opportunity to tell them that my recruiter knew, but I did not know it was relevant. After I wrote my statement, I was informed that if I would have told them that my recruiter knew about the condition, I would have been given an Erroneous enlistment, rather than a Fraudulent. I was sent home about a week or two later with a Fraudulent enlistment.

I would like to know what my options are for fighting my case. I heard that if I can prove that my knee condition isn't really a hindrance, I can get rid of the fraudulent enlistment. I also heard that if I can prove that my recruiter knew (which would be very hard to do, seeing as how it would be my word against his) that I can get it changed to erroneous as well.

In any case, I just want to get the Fraudulent off of my DD214, because I think I want to try the Air Force again without my wife's hindrance (the whole time I was there, when I called her she did nothing but demotivate me, and then told me she was leaving me...that is the only reason I wanted to go home) or maybe even pursue a career with the federal government in the future.


Asked on 9/23/09, 2:01 pm

1 Answer from Attorneys



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